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(영문) 인천지방법원 2018.10.26 2018고합565
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2018, at around 17:10 on August 13, 2018, the Defendant was under the influence of alcohol in the Nam-gu Incheon Metropolitan City apartment complex C, and was under the influence of alcohol soft railing.

The victim D(48 tax) who was called before the apartment rail at the time was called "dle and why is"

"Around 35 cm in length", the Defendant saw the victim's head at one time with a tree enormous (a total length of about 35 cm), which is a dangerous object, and had approximately two weeks of treatment on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of statutes, such as site photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed normal conditions favorable to the above)

1. Six months to five years from the imprisonment with labor for a prison labor within the scope of punishment by law;

2. The scope of the recommended punishment according to the sentencing guidelines [type determination] and the scope of the recommended punishment [the scope of the punishment that is recommended in the sentencing guidelines] set forth in Category 1 (Special Bodily Inflicting) (Special Bodily Inflictings): Insignificant injuries, non- sources of punishment [the scope of the recommended punishment] special mitigation area, two months to one year [the scope of the corrected punishment] imprisonment, six months to one year (the lowest limit of the punishment that is recommended in the sentencing guidelines is lower than the minimum limit of the applicable sentences under the law, and thus the applicable sentencing range under the law is set below the minimum limit of the applicable sentences).

3. According to the sentencing decisions, the following circumstances are taken into account, taking into account the Defendant’s age, sex, environment, motive, means and consequence of the crime, various sentencing conditions shown in the present case’s records and arguments, such as the circumstances after the crime, and the scope of recommended sentencing guidelines of the Supreme Court sentencing committee, the sentence as ordered shall be determined by taking into account the following factors.

Unfavorable circumstances: The Defendant injured the victim by taking one time the head of the victim's body, which is a tree dangerous thing that the victim is a tree of the defendant's behavior.

The details of crimes and criminal attempts.

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